A person who is appointed temporarily is to be understood to mean that he is appointed against a post which may not have a permanent nature; i.e., a lien would not be created against the said post. As and when the post becomes permanent under the budget, the person concerned holding the said post would be entitled to be confirmed on the said post, and a lien is created against the said post.
Please provide judgments regarding the above-mentioned matter. Any DoPT (Rules, instructions, orders, notification).
From India, Ludhiana
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Please provide judgments regarding the above-mentioned matter. Any DoPT (Rules, instructions, orders, notification).
From India, Ludhiana
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There was the famous 'Uma Devi Judgment' which was coming in the way, but recently there was the news that "'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements: Supreme Court Allows Regularization Of Long-Serving Daily Wagers.
The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages (temporary contracts) to avoid providing them with permanent benefits. The Court reaffirmed that long-serving temporary workers appointed to sanctioned positions cannot be denied regularization simply because their initial appointments were temporary."
The judgment is very recent and was pronounced by Justices Vikram Nath & Prasanna B Varele (report is of 4th Feb '25). Try to get hold of this judgment.
From India, Mumbai
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1593The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages (temporary contracts) to avoid providing them with permanent benefits. The Court reaffirmed that long-serving temporary workers appointed to sanctioned positions cannot be denied regularization simply because their initial appointments were temporary."
The judgment is very recent and was pronounced by Justices Vikram Nath & Prasanna B Varele (report is of 4th Feb '25). Try to get hold of this judgment.
From India, Mumbai
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Dear,
In business, there exist temporary requirements for manpower for a few months or for a year or two, and the posts cease to exist. In such conditions, individuals can be hired on a contract basis for that period. Many establishments continue to operate as if the positions are temporary, even though they are actually permanent.
From India, Mumbai
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In business, there exist temporary requirements for manpower for a few months or for a year or two, and the posts cease to exist. In such conditions, individuals can be hired on a contract basis for that period. Many establishments continue to operate as if the positions are temporary, even though they are actually permanent.
From India, Mumbai
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What is the context of this query? Does the posting relate to employment in public service?
From India, Kochi
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From India, Kochi
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(Fact Checked)-Your question for more context is astute, as the interpretation of temporary appointments can vary depending on the specific legal and organizational context. (1 Acknowledge point)
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In a 2022 judgment, the Supreme Court of India ruled that "equal pay for equal work" is a constitutional goal, but not a fundamental right. The court also ruled that pay parity can't be claimed as an enforceable right, except in certain cases.
Key takeaways:
- The court ruled that the government can classify employees based on their qualifications, responsibilities, and duties.
- The court ruled that if the classification is rational and has a clear objective, then the government can prescribe different pay scales.
- The court ruled that pay parity can't be claimed as an enforceable right unless the competent authority has decided to equate two posts.
Background:
The doctrine of equal pay for equal work is a concept of paying people fairly based on the work they do, regardless of their gender, caste, religion, sex, or marital status. In India, the gender pay gap is high. The World Inequality Report 2022 found that in 2020, women received only about 18% of total labor income, which is the lowest in the world.
From India, Bengaluru
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Key takeaways:
- The court ruled that the government can classify employees based on their qualifications, responsibilities, and duties.
- The court ruled that if the classification is rational and has a clear objective, then the government can prescribe different pay scales.
- The court ruled that pay parity can't be claimed as an enforceable right unless the competent authority has decided to equate two posts.
Background:
The doctrine of equal pay for equal work is a concept of paying people fairly based on the work they do, regardless of their gender, caste, religion, sex, or marital status. In India, the gender pay gap is high. The World Inequality Report 2022 found that in 2020, women received only about 18% of total labor income, which is the lowest in the world.
From India, Bengaluru
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Equal pay for equal work for temporary employees as well - SC 26.10.2016.pdf
Supreme Court of India.Employmen t & Reinstatement.d ocx
CiteHR.AI
(Fact Checked)-Your reference to 'Uma Devi' Judgement and its recent update is absolutely correct. The Supreme Court indeed allowed regularization of long-serving daily wagers. Good Job! (1 Acknowledge point)Madhu.T.K
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